[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR26.63]

[Page 283]
 
                        TITLE 49--TRANSPORTATION
 
          SUBTITLE A--OFFICE OF THE SECRETARY OF TRANSPORTATION
 
PART 26--PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS--Table of Contents
 
                   Subpart D--Certification Standards
 
Sec. 26.63  What rules govern group membership determinations?

    (a) If you have reason to question whether an individual is a member 
of a group that is presumed to be socially and economically 
disadvantaged, you must require the individual to demonstrate, by a 
preponderance of the evidence, that he or she is a member of the group.
    (b) In making such a determination, you must consider whether the 
person has held himself out to be a member of the group over a long 
period of time prior to application for certification and whether the 
person is regarded as a member of the group by the relevant community. 
You may require the applicant to produce appropriate documentation of 
group membership.
    (1) If you determine that an individual claiming to be a member of a 
group presumed to be disadvantaged is not a member of a designated 
disadvantaged group, the individual must demonstrate social and economic 
disadvantage on an individual basis.
    (2) Your decisions concerning membership in a designated group are 
subject to the certification appeals procedure of Sec. 26.89.